Compensation claim over the pill turned down
A young woman who became severely disabled after getting a blockage in her pulmonary artery five years ago, has again been denied compensation by a Zurich court. She and her health insurer CSS had filed claims against the pharmaceutical company, Bayer.
The young woman’s family claimed she developed a pulmonary embolism after starting to take the contraceptive pill, Yasmin, two months earlier. She was 16 when her gynaecologist prescribed it to her.
The girl suffered brain damage as a result of a lack of oxygen, caused by the blockage in her artery.
The family claimed the pill she had been taking was defective as the risk of developing a blood clot with this particular pill, they said, was more than twice as high as contraceptive pills of the next generation.
They added that although Bayer was aware of this risk they did not draw adequate attention to it in the product’s accompanying information and were therefore negligent.
They had claimed CHF5.3 million ($5.9 million) in damages and CHF400,000 in compensation from the pharma company. This was refused by a Zurich district court in August 2013. The family and the health insurer filed an appeal which was turned down on Thursday by Zurich Cantonal Court.
The court said the alleged deficiencies with this pill had not been proven.
The court costs will be shouldered by both claimants. Bayer is entitled to CHF74,000 for the appeal process. The young woman’s family has to pay Bayer litigation damages of CHF120,000.
CSS said it was now assessing whether the case could be taken to the Federal Court.
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